Authorization to Return to Canada (ARC) is required in most cases when you’ve been issued a removal order. A removal order is issued if you are found inadmissible to Canada or fail to comply with the Immigration and Refugee Protection Act (IRPA).
You can appeal to the Immigration Division if you are found inadmissible for any reason. However, if your appeal is rejected, then you will be issued some form of a removal order.
You can still be denied entry to Canada at the port of entry with an approved ARC. Admissibility evaluations are made only when you enter Canada.
What are the Different Types of Removal Orders?
There are 3 types of removal orders:
Departure Order: If a departure order is issued to you, you are required to leave Canada within 30 days. If you comply with the order and inform your immigration officer at departure, you do not need the authorization to return to Canada (ARC).
However, if you fail to comply with the order, then your departure order is converted into a deportation order. You will be required to leave Canada right away. In that case, an ARC is required to visit again.
Exclusion Order: An exclusion order is issued when you are inadmissible for any reason other than security grounds, serious criminality, or human rights violation. An exclusion order requires you to get a Certificate of Departure and prevents you from entering Canada for 1 year.
If you want to return to Canada before 1 year or you do not have a Certificate for Departure, then you are required to apply for an ARC.
Deportation Order: A deportation order permanently bars you from entering Canada. You are required to apply for an ARC in every case of a deportation order.
If you are issued a Direction to Leave Canada by the Canadian Border Security Agency (CBSA), then an ARC is not required. You will be subjected to regular admissibility examinations if you wish to visit again.
What are the Requirements for an Authorization to Return to Canada?
An immigration officer will assess your application for an ARC based on the conditions of your removal order. They are required to assess the possibility of repeated behavior, duration of time since the order, and the purpose of your visit.
Therefore, it is important to satisfy the official that the circumstances of your visit have changed. You will be required to provide the following documentation:
- An approved temporary resident visa (TRV)
- Latest passport size photos
- A valid passport
- A letter explaining the purpose of your visit and why you should be allowed to visit Canada again
- Receipt for processing fee
Biometric information is not required for an ARC.
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Frequently Asked Questions (FAQs) About an Authorization to Return to Canada (ARC)
A deportation order bars you from coming to Canada permanently. However, you can apply for an ARC to get approval to visit again.
Being convicted of a crime is one of the most common reasons for deportation.
There is no set rule. It depends on the type of removal order that has been issued.
No, the removal order encompasses deportation and inadmissibility. Deportation is a type of removal order.
Yes, Removal Order Appeals are a possibility if you want to explore this option.
Why Is It Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires strong legal strategy, precise paperwork, and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough, and easy to work with. Communication with our clients is one of the keys to our success.
Why Contact My Visa Source?
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